The current Act requires the Mayor/Do Governor or head of a large city to designate malodor-emitting facilities which exceed the maximum allowable emission level and cause a civil petition and be designated as a malodor control area or facilities subject to reporting and tighter regulations, including reporting the establishment of malodor-preventing facilities and establishing and implementing malodor prevention plans.

Nevertheless, the process is complicated to meet requirements (exceeding the maximum allowable emission level 3 times or more, civil petition continuing for 1 year) to designate malodor-emitting facilities as facilities subject to reporting, and it is hard to apply tighter regulations to such facilities operated improperly as they may not be designated at the discretion of the head of the local government, which has the authority to do so, even if the requirements are met.

In this regard, this Act aims to strengthen control over malodor-emitting facilities by requiring malodor-preventing facilities exceeding the maximum allowable emission level to be designated as facilities subject to reporting and malodor-emitting facility operators to report the installation of malodor prevention facilities and the establishment and implementation of malodor prevention plans to the competent local government.

Furthermore, to appropriately design and operate malodor-preventing facilities installed in facilities subject to reporting, this Act specifies the qualifications for the design and installation of malodor-preventing facilities and newly inserts specific control obligations of malodor-emitting facility operators necessary to strengthen the control of such facilities.

By doing so, this Act aims to prevent malodors arising from malodor-emitting facilities, strengthen their control, and establish a healthy and comfortable environment for people.

Details

A. Prepare the legal basis that allows the relevant public official or his/her authorized investigator to enter others’ land from the boundaries of places of business to examine the maximum allowable emission level under Article 7 for investigations into the actual state of malodor under Article 4 or inspection of places of business under Article 17 (Article 4-2 newly inserted).

B. Designate malodor-emitting facilities outside malodor control areas, which exceed the maximum allowable emission level, as facilities subject to reporting and require malodor-emitting facility operators to establish and report malodor prevention plans to supervisory authorities (Article 8-2).

C. Newly insert qualification requirements so that environment-specialized installers can design and install malodor-preventing facilities in malodor-emitting facilities (Article 8-3 paragraph 6 newly inserted).

D. Newly insert obligations to control malodor-preventing facilities for malodor-emitting facility operators, including obligations to operate malodor-preventing facilities, to strengthen the operation and control of malodor-preventing facilities (Article 8-4 newly inserted).

E. Allow the Minister of Environment or Mayor/Do Governor to install remote controlled automatic sample collection devices in facilities subject to reporting if required to monitor whether malodor prevention plans are implemented in such facilities (Article 17 paragraph 5).

- Require malodor-emitting facility operators to establish malodor prevention plans and report their findings to supervisory authorities (Article 8-2).

- Newly insert obligations to control malodor-preventing facilities for malodor-emitting facility operators, including obligations to operate malodor-preventing facilities (Article 8-4 newly inserted).

- Impose administrative fines if facility operators reject, interfere with, or avoid the installation or measurement of malodor sampling devices when installing remote controlled automatic sample collection devices in facilities subject to reporting (Articles 17 and 30).